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SC allows the terminally ill or comatose people the right to die

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SC allows the terminally ill or comatose people the right to die

The Supreme Court has allowed passive euthanasia in the country.

In a unanimous order on Friday, March 9, a five judge Constitution bench headed by Chief Justice of India (CJI) Dipak Misra recognised “living will” and laid down guidelines for its execution.

The SC bench, also comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, said that the guidelines will be in force till legislation on the same is passed by Parliament.

The judges, who wrote four separate judgments expressing their views, were unanimous on allowing passive euthanasia and advance directives.

A ‘living will’ is made by a person, in a healthy, normal state of mind, specifying – for a situation when he/she is no longer able to express informed consent – whether or not he/she be kept alive purely on an artificial life support system in case of terminal illness or when in an irreversible vegetative state.

An advance directive is a document that enables competent persons to exercise their right to direct medical treatments in the event that they lose their decision making capacity. American Medical Association says there are two categories of advance directives: (1) a living will, which indicates the types of treatment that an individual wishes to receive or forgo under specified circumstances, and (2) a durable power of attorney for health care, which designates a proxy to make treatment decisions.

Passive euthanasia entails withdrawing artificial life support causing the death of a person who is in a permanent vegetative state, with no chance of recovery.

The court said advance directives for terminally-ill patients could be issued and executed by the next friend or relatives of the person after which a medical board would consider it, reported news agency PTI.

The court’s ruling came on a petition seeking recognition of a living will so that an individual could exercise the right to refuse medical treatment at a terminally ill stage of life.

While the Centre was in agreement on the question of allowing passive euthanasia, it opposed the concept of living will. Additional solicitor general PS Narasimha, representing the centre, told the court that consent for removal of artificial support may not be an informed one and could be misused in cases of the elderly.

He added that the government had already accepted the apex court’s ruling in the landmark Aruna Shanbaug case on 11 March 2011, which held that a specific category of relatives could seek permission from the court to opt for passive euthanasia on behalf of the person in cases of a terminally ill patient.

The apex court had ruled that such a request would have to be vetted by a medical board on the basis of which the concerned high court would decide whether to permit withdrawal of life support system or not.

On January 15, 2016, the Centre had said the 241st report of the Law Commission stated that passive euthanasia should be allowed with certain safeguards and there was also a proposed law — Medical Treatment of Terminally Ill Patient (Protection of Patients and Medical Practitioners) Bill, 2006.

The fundamental right to a “meaningful existence” includes a person’s choice to die without suffering, the apex court held on Friday.

The CJI’s judgment said the heart of the matter is whether law permits the acceleration of death without suffering.

Chief Justice Dipak Misra spoke about how societal pressure and fear of criminal liability by relatives and medical doctors ultimately led to the suffering and the undignified death of the patient.

The court said it was time to dispense with such shared suffering and sense of guilt and face reality. Doctors who attend the terminally-ill are under pressure and dither in letting the patient go, apprehending criminal liability and fear of being drawn into the “vortex” of a possible family struggle for inheritance.

Chief Justice Misra, in a common judgment with Justice AM Khanwilkar, said it was time to “alleviate the agony of an individual” and stand by his right to a dignified passing. A dignified death should follow a meaningful existence, the five-judge Bench agreed in a unanimous voice.

The Chief Justice’s judgment includes specific guidelines to test the validity of a living will, by whom it should be certified, when and how it should come into effect, etc. The guidelines also cover a situation where there is no living will and how to approach a plea for passive euthanasia.

Justice AK Sikri, in his separate opinion, said though religion, morality, philosophy, law and society share equally strong and conflicting opinions about whether right to life includes right to death, they all agree that a person should die with dignity.

Hence, the court, Justice Sikri said, is rightly in favour of the right to die with dignity.

Justice Sikri said an advance directive or living will from a patient to stop medical treatment at a particular stage — “particularly when he is brain dead or clinically dead or not revivable” — quells apprehensions of future regret for relatives and criminal action against doctors.

In a separate opinion, Justice Chandrachud observed that modern medical science should balance its quest to prolong life with the need to provide patients quality of life. One is meaningless without the other, Justice Chandrachud observed.

Justice Chandrachud said, “Life and death are inseparable. Every moment our bodies undergo change… life is not disconnected from death. Dying is a part of the process of living.”

Justice Chandrachud said the issue of death and when to die transcends the boundaries of law, but the court has intervened because it also concerns the liberty and autonomy of the individual.

He read from his judgment that the sanctity of life includes the dignity and autonomy of the individual. He said the search for a meaningful existence, the pursuit of happiness includes the exercise of free will.

“Free will includes the right of a person to refuse medical treatment,” Justice Chandrachud observed.

A person need not give any reasons nor is he answerable to any authority on why he should write an advanced directive.

But the judge held that active euthanasia is unlawful.

For this reason, he said the reasons given by a two-judge Bench of the Supreme Court in the Aruna Shanbaug case allowing passive euthanasia are “flawed” as the convoluted procedure to get a go-ahead for passive euthanasia makes the dignity of a dying person dependent on the whims and will of third parties.

“To deprive a person dignity at the end of life is to deprive him of a meaningful existence,” Justice Chandrachud read from his opinion he shared with Justice Ashok Bhushan.

Other countries where euthanasia is permitted

While euthanasia is still illegal in most parts of the United States, the doctors are allowed to prescribe lethal doses of medicine to terminally ill patients in five state — Washington DC, California, Colorado, Oregon and Vermont. Oregon was the first US state to legalise “assisted suicide”.  Australia has a system of ‘advance directive’ to allow citizens to decide how they would like to be treated in future, if they are incompetent to make a decision at that point. Euthanasia, in varying forms, is permitted in Belgium, Canada, and Sweden.

Entertainment

Kriti Sanon’s Raksha Bandhan ad draws criticism over modern festive look

Kriti Sanon’s Raksha Bandhan advertisement has sparked an online debate, with some social media users questioning her contemporary festive outfit and the campaign’s concept.

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Kriti Sanon’s latest festive appearance has triggered a debate on social media after the actor featured in a Raksha Bandhan advertisement wearing a contemporary outfit.

In the advertisement, Kriti Sanon is seen in an off-white bralette-style blouse paired with a cape and a draped skirt. While the actor has previously experimented with contemporary interpretations of traditional fashion, some social media users criticised her look in the festive campaign.

The criticism was directed particularly at the choice of outfit for a Raksha Bandhan-themed advertisement, with several users questioning whether the look was appropriate for the occasion.

Advertisement’s pet dog sequence also draws reactions

The concept of the advertisement also became a point of discussion online. In the campaign, Kriti is seen tying a traditional rakhi on a dog after the pet barks at her.

The advertisement presents the ritual as a way of including the pet in the family’s Raksha Bandhan celebrations. However, several social media users questioned the decision to include the dog in the festive ritual.

Some commenters accused the brand of making a mockery of Indian festivals, while others said they disagreed with the overall concept of the advertisement.

Social media users criticise Kriti Sanon’s festive look

Kriti Sanon’s outfit became one of the main talking points among those criticising the advertisement. Some users described the outfit as inappropriate for a Raksha Bandhan campaign.

One social media user wrote that Kriti was tying rakhi in a “bra kinda attire” and questioned the use of such an outfit during the festival.

Another commenter compared the treatment of Raksha Bandhan with other festivals and criticised the advertisement’s presentation of the celebration.

Other reactions focused on traditional elements associated with Raksha Bandhan. One user questioned the absence of a puja thali and tilak while also criticising Kriti’s outfit.

A separate comment objected to the inclusion of the dog, arguing that the campaign was not representative of the traditional spirit of Raksha Bandhan.

These comments reflect the views of individual social media users and do not establish a broader consensus about the advertisement.

Kriti Sanon yet to respond to criticism

The Raksha Bandhan advertisement continues to receive mixed reactions on social media. While some users have criticised the actor’s outfit and the campaign’s concept, Kriti Sanon is yet to respond to the criticism.

The debate comes as brands increasingly use contemporary interpretations of traditional festivals in advertising, with the campaign’s presentation becoming a subject of discussion among social media users.

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India News

Rahul Gandhi’s T-shirt style gets a colourful twist for Gen Z outreach

Rahul Gandhi has adopted colourful shirts during his nationwide “Chhatron Ki Goonj” programme as the Congress steps up its outreach to Gen Z.

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Congress leader Rahul Gandhi has added a new twist to his public image as he steps up outreach to Gen Z through the nationwide “Chhatron Ki Goonj” programme.

The Leader of the Opposition in the Lok Sabha, who became known for wearing T-shirts during the 2022 Bharat Jodo Yatra, has recently been seen in brightly coloured shirts at several student-focused events.

The change marks a departure from the white T-shirts that became closely associated with his appearance during the Bharat Jodo Yatra, when he walked from Kanyakumari to Kashmir.

From white T-shirts to colourful shirts

Rahul Gandhi wore white T-shirts during the Bharat Jodo Yatra, including during its winter leg. He subsequently continued to appear in T-shirts at party programmes and political events.

The style also became a subject of political criticism, with the BJP repeatedly targeting Gandhi over his choice of attire and describing him as “non-serious”.

Gandhi, however, continued with the T-shirt look and it was also adopted by some Congress leaders who had traditionally appeared in kurta-pyjamas.

His latest appearances have brought a more colourful wardrobe into focus.

Rahul Gandhi’s colourful appearances

Gandhi wore a blue shirt at the first “Chhatron Ki Goonj” event in Kota, where he addressed the issue of paper leaks.

In Dehradun, he was seen wearing a shirt instead of his usual T-shirt. At an event in Allahabad, he wore a pink shirt while interacting with students, drawing discussion on social media.

He later appeared in a yellow shirt at an event in Pune.

The Pune programme focused specifically on female students and working women, with Gandhi addressing issues related to women’s safety, freedom and rights.

Congress steps up Gen Z outreach

The “Chhatron Ki Goonj” programme is part of Rahul Gandhi’s outreach to young people, with paper leaks and issues affecting students among the subjects being highlighted.

The Congress is also seeking to engage young women through programmes and interactions focused on issues concerning them.

Youth and women remain important voter groups in elections, and the Congress is increasingly focusing its outreach on Gen Z as it seeks to strengthen its connection with younger voters.

Gandhi’s colourful shirts have consequently become an additional talking point during his latest student and youth engagements.

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India News

MK Stalin announces major DMK organisational Changes in Tamil Nadu

MK Stalin has announced a major DMK organisational overhaul, introducing age and term limits and expanding party districts from 77 to 110.

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DMK chief MK Stalin has announced a major overhaul of the party’s organisational structure, months after the party lost the Tamil Nadu assembly election.

Acknowledging the defeat, Stalin said the party must openly recognise its mistakes. He also pointed to the functioning of party office-bearers as one of the factors behind the electoral loss.

“Although there are several reasons for our defeat, the functioning of our party office-bearers is also one of them,” Stalin said, stressing that the party must acknowledge its shortcomings and ensure better performance at every level.

Stalin also described the DMK as a “specialist” in making comebacks and said the party would return stronger.

Age and term limits for party posts

Among the major changes announced by Stalin are age and tenure limits for party positions.

Stalin said the changes would involve a significant restructuring of the DMK’s administrative system, with priority being given to new faces. He said the measures were intended to make the party sustainable for the next 100 years and help restore the trust of young people and women.

Under the new rules, branch secretaries must be aged 45 or below and can hold the position for a maximum of two terms.

District secretaries, meanwhile, must be below 70 years of age and can serve for a maximum of three terms.

DMK to increase party districts from 77 to 110

The DMK executive committee has approved increasing the number of party districts from 77 to 110.

The expansion will be implemented as part of the party’s 16th organisational elections. Revenue districts will generally be reorganised so that each party district covers two assembly constituencies.

Where only one constituency remains after the reorganisation, it will be attached to another suitable party district within the same revenue district as a third constituency.

Stalin has been authorised to determine and announce the constituencies that will form the 110 party districts.

New branch structure planned in urban areas

The DMK will also introduce a new branch-level structure in urban areas, along with the post of branch secretary.

The new system will initially be implemented in Chennai, Coimbatore, Madurai, Tiruchirappalli and Salem. It may subsequently be extended to other corporations.

Once the new party districts are announced, district executive committees will have to meet and establish the union, city, area, town, ward and branch-level units within 15 days.

The organisational changes come as the DMK seeks to restructure its party machinery and prepare for its political comeback following its assembly election defeat.

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